Opinion
Motion No 2021-02268 Index No. 60570/2020
05-25-2022
In the Matter of Sustainable Port Chester Alliance, et al., appellants, v. Village of Port Chester, New York, respondent.
Unpublished Opinion
MOTION DECISION
M283138
COLLEEN D. DUFFY, J.P., ANGELA G. IANNACCI, ROBERT J. MILLER, JOSEPH A. ZAYAS, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Westchester County, dated March 8, 2021. Motion by the respondent to strike stated portions of the appellants' brief on the ground that they improperly raise arguments for the first time on appeal and for an award of costs.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike stated portions of the appellants' brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further, ORDERED that the branch of the motion which is for an award of costs is denied.
DUFFY, J.P., IANNACCI, MILLER and ZAYAS, JJ., concur.